Madison Reporter

Wisconsin Manufacturers & Commerce (WMC) has initiated legal proceedings against the Wisconsin Department of Natural Resources (DNR), alleging that the DNR is unlawfully regulating emissions from certain mobile sources. The lawsuit, filed on Friday morning, challenges the DNR's authority to control nonroad emissions from engines used in equipment such as lawn tractors, snowmobiles, generators, and UTVs.

The Clean Air Act delineates regulatory responsibilities between state and federal governments, with states overseeing stationary sources and the federal government handling mobile sources. However, WMC contends that for approximately four decades, the DNR has been improperly regulating these mobile sources during their manufacturing process.

Nathan Kane, Deputy Director of the WMC Litigation Center, stated: “It’s a new form of an old trick: using power not just to break the law but to obscure the violation with an air of authority.” He emphasized that manufacturers face significant costs due to these regulations which contradict federal law.

Scott Manley, WMC’s Executive Vice President of Government Relations, expressed concern over competitive disadvantages faced by Wisconsin manufacturers. “The DNR’s illegal regulation puts Wisconsin manufacturers at a competitive disadvantage,” he said. “Manufacturers in many other states don’t need to waste any time or money complying with regulations like these. Wisconsin’s DNR is out of line.”

WMC represents about 3,800 employers across various sectors in Wisconsin's economy. Its affiliate, the WMC Litigation Center, engages in legal actions aimed at protecting free enterprise from unlawful governmental actions.